Medical kidnapping occurs when a medical professional believes that you have caused your child harm, and calls CPS to remove the child from your custody. This is often the result of the doctor (or nurse, or administrator) thinking you are abusing or neglecting your child. It can also happen if you refuse certain medical treatments, such as a medication with dangerous side effects (and you think the risk is unacceptable).
If doctors and other medical professionals believe that a parent or parents are withholding lifesaving treatments from a child, and that this endangers the child’s well-being, they have a legal right to call CPS or law enforcement to remove the child from your custody.
Defenses Against Medical Kidnapping
Parents have the right to a hearing or appeal if their child is removed from their care due to allegations of medical neglect. They have the right to introduce evidence and opinions from other healthcare providers and why their professional input has value.
As a parent or guardian, you have the right to care for and make health decisions on behalf of your child until they turn 18 years old. You have the right to accept or reject medical opinions, diagnoses, and treatment, including seeking a second opinion and ensuring you are completely informed about any procedure.
You also have the right to copies of all your child’s medical records and reports, as well as researching the qualifications of any specialists brought in to treat your child’s condition. Further, if you do not feel comfortable with anything going on regarding your child’s treatment, you have the right to speak up and to say no. Nobody should suffer attacks to their reputation or to their family unit when they are only trying to look out for the best interest and welfare of their child.
Contact Kirsch Daskas Law Group
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